These terms and conditions are between Dynamic Diesel Services (ACN 167 178 949), (we, us or our) and you, the person or entity stated in the Quote (you or your), together the Parties and each a Party. Together, these terms and conditions and the Quote (attachments to these Terms or the Quote) form the entire agreement under which we will provide the Parts and Services to you (Terms).
#1 Acceptance
1.1 You accept these Terms by the earlier of:
- signing and returning the Quote to us;
- accepting the Quote online or sending an email to us accepting the Quote (expressly or implicitly);
- making part or full payment of the Price (including any deposit).
1.2 Quotes remain valid for 14 days. If the Quote is not accepted by you within 14 days of the date of the Quote, we are entitled to issue a new Quote to you.
#2 Parts and Services
2.1 In consideration of your payment of the Price, we will provide the Parts and Services in accordance with these Terms, whether ourselves or through our personnel.
2.2 If these Terms express a time within which the Parts and Services are to be supplied, we will use reasonable endeavours to provide the Parts and Services by such time, but you agree that such time, is an estimate only.
#3 Collection of the Vehicle
3.1 If applicable, we will provide you with a notice of collection (Collection Notice) when your Vehicle is ready for collection. This could be via email, text, phone &/or voicemail.
3.2 If you do not collect your Vehicle for any reason within 14 days following the date of the Collection Notice, we may:
- charge you a Vehicle storage fee of $20 per day; and
- issue you with a second and final notice (Final Notice).
3.3 If you do not collect your Vehicle for any reason within 6 months following the date of the Final Notice, you agree that we may sell or dispose of the Vehicle by any reasonable method at your expense without any further notice to you in accordance with the applicable law. We will apply the proceeds of the sale or disposal of the Vehicle to the sums you owe us and return the remainder of the balance to you within a reasonable period.
#4 Variations
4.1 Price Estimates and variations: We may provide you with an estimate of the Price for the work to be undertaken. You agree that it is an estimate only and it creates no obligation on us to provide the Services at that Price. Should additional work be found necessary during the course of providing the Services which would cause the estimate to be exceeded, before proceeding, we will contact you to explain the additional work required and to seek your authorization for the additional costs to be incurred. All variations to the Parts and Services must be agreed in writing between the Parties.
4.2 Parts not in Stock: If the Parts are not in stock at the time that we provide you with the Quote, the Price is subject to change based on the Price payable by us for the Parts at the time that we provide the Services to you.
#5 Payment
5.1 In consideration for us providing the Parts and Services, you agree to pay us the Booking Fee (if any), the Deposit (if any), the balance of the Price and all Expenses (if any) in accordance with these Terms.
5.2 When applicable, GST is payable on the Price and will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.
5.3 Unless otherwise agreed between the Parties:
- Any Booking Fee and/or Deposit is payable at the time you make a Booking with us, and must be paid prior to our commencement of the provision of the Parts and/or Services; and
- You will pay the remainder of the Price (including any Expenses and any other amounts due and payable to us in accordance with these Terms) on completion of our supply of the Parts and/or Services (as reasonably determined by us).
5.4 Where applicable, the Booking Fee will be deducted from the Price once your Booking is complete.
5.5 If any payment has not been made in accordance with these Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at law):
- After a period of 5 Queensland business days from the relevant due date, cease providing the Parts and Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
- Charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
5.6 You will not be entitled to any part of the Parts and Services until the Deposit (if any) has been paid in full.
#6 Bookings and Cancellations
6.1 You may reschedule or cancel a Booking by providing us with at least 1 Queensland business days’ notice prior to the Booking.
6.2 If you cancel your Booking less than 1 Queensland business day prior to the time of your Booking, you will not be entitled to any refund of the Booking Fee.
6.3 While we aim to provide Services at the Booking time, we may need to reschedule a Booking including due to weather conditions if the location of the Services is outdoors. Where we need to reschedule the Booking, we will notify you at our earliest convenience and if we cannot agree with you on a new time for a Booking, we will cancel the Booking.
#7 Security Lien
7.1 You acknowledge and agree that we may, in our absolute discretion, exercise a lien over your Vehicle and/or the Parts until you have paid us the Price in full.
7.2 You agree that if you do not pay any fees due under these Terms, we may continue to hold any vehicle the subject of our Services until you make full payment.
7.3 You agree that if you do not pay any Part Price due under these Terms, we may repossess the applicable Part/s provided by us and you agree to give us access to the Services Location to do so.
#8 Customer Supplied Parts
8.1 We may, at our sole discretion, accept or reject any request by you for us to install and/or source parts, lubricants and other Parts provided by you (Customer Supplied Parts) to your Vehicle.
#9 Warranties and Representations
9.1 You represent, warrant and agree:
- to comply with these Terms and all applicable laws;
- That all information and documentation that you provide to us in connection with these Terms are true, correct and complete;
- to comply with our reasonable requests or requirements;
- That you will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Parts and Services;
- That your Vehicle is appropriately registered in accordance with any applicable laws;
- You are responsible for obtaining, and providing to us, if necessary, any approvals and authority from third parties necessary for us to provide the Parts and Services, at your own cost;
- Where we provide you with any vehicle modification services as part of the Services (Modifications), you will not drive any Vehicle that we modify in contravention of any laws, including where you are prohibited from driving a modified Vehicle on any roads;
- You have obtained all necessary insurances for your Vehicle;
- You do not enter into these Terms as a trustee of a trust.
9.2 You acknowledge and agree that where we provide Modification/s, where the Vehicle has a diesel engine, such modifications may cause damage to the diesel engine. To the maximum extent permitted by law, and subject to your Consumer Law Rights, we will not be liable for any loss or damage to your Vehicle’s diesel engine.
#10 Australian Consumer Law
10.1 Certain legislation, including the ACL, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Parts and Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.
10.2 Our Parts and Services come with guarantees that cannot be excluded under the ACL. For major failures with the Services, you are entitled:
- to cancel this Agreement with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
10.3 You are also entitled to choose a refund or replacement for major failures with Parts. If a failure with the Parts or a Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Parts and to cancel the contract for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Parts or Services.
10.4 Subject to your Consumer Law Rights, we exclude all warranties, and all material/s, labour, work and services (including the Parts and Services), are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
10.5 This clause 10 will survive the termination or expiry of these Terms.
#11 Exclusions to liability
11.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law
- your breach of any laws;
- any property loss or damage, personal injury or loss arising from or in connection with your use of the Parts and/or Services;
- any Customer Supplied Parts, including any loss or damage you may suffer or incurs as a result of us installing any Customer Supplied Parts;
- your Vehicle not being properly registered; and
- any goods, parts, services or works, including any alterations, modifications or repairs to the Vehicle, not provided by us.
#12 Limitations on liability
12.1 Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law:
- Neither Party will be liable for Consequential Loss;
- a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its personnel), including any failure by that other Party to mitigate its loss; and
- Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Parts and Services to which the Liability relates.
12.2 This clause 12 will survive the termination or expiry of these Terms.
#13 Term and Termination
13.1 These Terms commence on the date these Terms are accepted in accordance with its terms and will continue until the date upon which we have completed the supply of the Parts and Services to you (as reasonably determined by us) (Term).
13.2 Either Party may terminate these Terms at any time by giving 14 days’ notice in writing to the other Party.
13.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Queensland business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
13.4 Upon expiry or termination of these Terms:
- Without limiting, and subject to your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;
- You are to pay for all Parts and Services provided prior to termination; and
- By us pursuant to clause 3, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees).
13.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
13.6 This clause 13 will survive the termination or expiry of these Terms.
#14 General
14.1 Amendment: Subject to clause 4, these Terms may only be amended by written instrument executed by the Parties.
14.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
14.3 Disputes: If there is a dispute or disagreement, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This will not prevent a party from seeking urgent equitable relief.
14.4 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any circumstances beyond that Party’s reasonable control. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.
14.5 Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.6 Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
#15 Definitions
15.1 Definitions
In these Terms, unless the context otherwise requires, capitalized terms have the meanings given to them in the Quote, and:
ACL means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Booking means any booking/s made by you for a time for us to provide the Services.
Booking Fee means the booking fee as set out in the Quote (if any).
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Consumer Law Rights has the meaning given in clause 10.1.
Deposit means the deposit as set out in the Quote, if any.
Expenses means any expenses as set out in the Quote, and includes any travel costs.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Parts means the goods set out in the Quote and includes any automotive parts whether new or second-hand, as adjusted in accordance with these Terms.
Price means the price set out in the Quote, as adjusted in accordance with these Terms, and includes the Deposit (if any) and the Booking Fee (if any).
Quote means the quote as attached to these Terms.
Services means the services set out in the Quote and includes as Modification Services (if any), as adjusted in accordance with these Terms.
Terms means these terms and conditions and any documents attached to, or referred to in, each of them.
Vehicle means the vehicle subject to the Services, as set out in the Quote.